Terms and conditions

General terms and conditions of sale and delivery applicable to business purchases
 
§ 1 Application and scope 
These general terms and conditions of sale and delivery (terms and conditions) apply to all agreements regarding DCS’, CVR number 26686091, (“DCS ApS as well as all associated trade names”) sale and delivery of goods and associated services online at www.DCS.dk as well as offline to business customers and public authorities.
The terms and conditions may only be amended by written agreement between DCS and the buyer, unless otherwise follows below. 

§ 2 Contractual basis and conclusion of agreement 
These terms and conditions, together with DCS’, online order confirmations, acceptance of offers, constitute the complete contractual basis regarding sale and delivery of goods and associated services to the customer. The customer’s purchasing terms provided with orders or otherwise communicated to DCS do not form part of the contractual basis.  
The buyer accepts these terms and conditions with each purchase. The buyer is encouraged to read the terms and conditions thoroughly and familiarise themselves with the obligations and rights conferred by the terms and conditions. The buyer does not receive a copy of the terms and conditions together with a confirmation of the order by e-mail or upon sending of the invoice by e-mail.

§ 3 Title 
From the time of delivery, the buyer holds title to the goods, including all accessories etc. that may be added or replace parts of the goods during the term of the purchase agreement, where the purchase price is paid in cash. In such cases, the buyer is entitled to dispose legally of the goods as well as accessories etc. from the time of delivery.   
If the goods are sold on credit, DCS reserves title to the goods until the time of final and complete settlement of the purchase price under the credit agreement. 
Upon entering into a leasing agreement regarding one of DCS’ goods as well as accessories etc., DCS reserves title to the goods throughout the entire leasing period, unless otherwise agreed between the parties to the leasing agreement.

§ 4 Right of return
DCS ApS does not offer a right of return on goods unless an agreement hereof has been made prior to entering into the purchase contract between DCS and the buyer.

§ 5 Price and payment terms
The price for goods and associated services follows DCS’ applicable online prices at the time when DCS confirms the customer’s order, unless the parties have agreed otherwise. All prices are exclusive of VAT and duties. Any duties including reverse charge liability will appear on the invoice.
Our general payment terms are online payment by credit card or pre-approved credit granting.
 
§ 6 Late payment
If the buyer fails to pay in due time for goods and associated services for reasons for which DCS is without responsibility, DCS is entitled to interest on the due amount, cf. section 5 of the Danish Interest Act, from the due date until payment is made. The interest is fixed at 1% per month of the outstanding balance at any time.
The buyer is not entitled to set off any counterclaims against DCS that have not been acknowledged in writing by DCS and is not entitled to withhold any part of the purchase price due to counterclaims of any kind. 
If the buyer fails to pay a due invoice no later than 14 days after having received written demand for payment from DCS, DCS, in addition to the right to interest as set out above, is entitled to: (I) terminate the sale of the goods to which the delay relates, (II) terminate the sale of goods that have not yet been delivered to the customer, or require prepayment thereof, and/or (III) exercise other remedies for breach. 

§ 7 Warranty  
For business purchases, a 1-year warranty is provided. For sales to private end users, the provisions of the Sale of Goods Act are followed with 24 months right of complaint, of which the first 6 months are to be regarded as an actual warranty and the remaining 18 months the end users themselves must document that defects and deficiencies were present in connection with the delivery. In those cases where the manufacturer itself handles the warranty / right of complaint as clearly and distinctly stated on our website, the manufacturer or its service partner assumes the complaint and warranty obligation. For business purchases where the manufacturer itself handles the complaint obligations as clearly and distinctly stated in our RMA system, we do not receive the complaint – should this be the case, we invoice a fee of DKK 200 plus VAT for forwarding the complaint case or return provided that the manufacturer or its service partner does not receive complaint cases from anyone other than the end user. We adhere to the manufacturer’s guidelines, procedures and RMA terms and conditions applicable at any time.

§ 8 Delivery  
DCS delivers all goods sold to the address stated by the buyer in Denmark. Delivery does not take place to non-bridge-connected islands unless otherwise agreed between DCS and the buyer. 
DCS delivers all goods sold as well as accessories at the time stated in the order confirmation. However, DCS has the right to deliver earlier than the delivery time stated in the order confirmation unless otherwise agreed between the parties.
Upon receipt, the buyer is obliged to inspect all goods as well as accessories for defects or deficiencies. If the buyer discovers a defect or deficiency that the buyer wishes to invoke, it must be immediately notified in writing to DCS within 48 hours after the defect/deficiency has been established. If a defect or deficiency that the buyer discovers or ought to have discovered during the inspection is not immediately notified to DCS, it cannot later be invoked.    

§ 9 Delayed delivery 
If DCS expects a delay in the delivery of ordered goods as well as accessories, DCS informs the buyer hereof by e-mail, and at the same time states the reason for the delay and a new expected delivery time.
If DCS fails to deliver ordered goods as well as accessories no later than 8 days after the agreed delivery time for reasons for which the customer is without responsibility, the buyer may terminate the order or the orders affected by the delay, without notice, by written notification hereof to DCS. The buyer has no other rights in connection with delayed delivery.

§ 10 Buyer’s responsibility 
In addition to the buyer’s payment obligations, the buyer has the following responsibility: 
The buyer has, cf. § 6, a duty to inspect all goods as well as accessories for defects or deficiencies when the goods have been delivered. 
It is noted that where DCS receives goods where the manufacturer itself handles the right of complaint, a fee of DKK 200,- excl. VAT is invoiced for forwarding to the manufacturer or its service partner. If DCS is not permitted to forward goods to the manufacturer or its service partner, the goods are returned to the sender. 
An order for made-to-order goods - i.e. goods that are not in stock at the time of ordering or are on the way in - cannot be cancelled.

§ 11 Seller’s liability
In the event of defects in goods as well as accessories etc., the defect rules of the Sale of Goods Act apply. 
DCS’ liability for damage to the buyer, the buyer’s closest relatives, the buyer’s goods, third parties or third parties’ goods etc. is limited to matters caused by gross negligence on DCS’ part as well as liability laid down in general, mandatory compensation rules. The buyer shall indemnify DCS to the extent that DCS may incur product liability beyond this.
In the event that damage is inflicted on third parties, the buyer shall immediately notify DCS and assist in clarifying the matter. Representatives from DCS have the right to inspect the damage.   
Regardless of any contrary terms in the contractual basis, DCS cannot in any way be held liable for any consequential damages that are a consequence of goods, accessories etc. not functioning as assumed - due to defective installations, connections, antenna or reception conditions. In the same way, DCS is not liable for the buyer’s indirect loss, including loss of production, sales, profit, time or goodwill.
In the event of damage to any form of storage media (e.g., CD-rom, DVD, USB, hard drives, external drives etc.), as a consequence of defects in the goods, the seller’s liability for damages is limited to the value of corresponding unused storage media.

§ 12 Personal data policy, cookies and disclosure of personal data. 
DCS Aps processes personal data in accordance with the applicable General Data Protection Regulation, which entered into force on 25 May 2018.

DCS Aps stores transaction information for 5 years, until the expiry of an entire year, as this is a legal requirement in the Bookkeeping Act. DCS ApS is the data controller.

At any time, you can see which data DCS ApS has registered about you.
All enquiries regarding personal data are sent to [email protected], both regarding requests for data and deletion of data.

As a registered customer with DCS ApS, you always have the opportunity for access, and you can object to a registration in accordance with the rules in the General Data Protection Regulation.

Find our full personal data policy here

§ 13 Marketing 
It is not permitted to copy or further distribute product, data and price information to third parties. This is considered a material breach of customer and supplier relationships and may, in the worst case, entail liability for damages.

§ 14 Confidentiality  
The buyer must not disclose, use or enable others to use DCS’ trade secrets or other information of any kind that is not publicly available.
The buyer must not improperly obtain or attempt to obtain knowledge of or access to DCS’ confidential information as described above. The buyer is obliged to handle and store the information responsibly in order to avoid that it unintentionally comes to the knowledge of others.
The buyer’s obligations under this provision apply during the parties’ trade and without time limitation after the termination of the trade regardless of the reason for such termination. 

§ 15 Governing law 
The parties’ trade is in all respects subject to Danish law. Venue is Aarhus City Court. 
Any dispute that may arise in connection with the parties’ trade shall be decided by a Danish court. 

The terms and conditions were last updated on 24 May 2018